Smartstatz

Terms & Conditions

These license terms are an agreement between you (“you” and “user”) and the application publisher (“SMARTSTATZ”, “us”, “we” or “our”). Please read these terms and conditions (“Terms” “Terms and Conditions”) carefully before using the SMARTSTATZ PSM RERA (Application). Terms apply to the Application you download from the CRM App Store, including any updates or supplements for the Application.

YOUR ACCESS TO AND USE OF THE APPLICATION IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. BY DOWNLOADING OR USING THE APPLICATION, OR ATTEMPTING TO DO ANY OF THESE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, YOU HAVE NO RIGHT TO AND MUST NOT DOWNLOAD OR USE THE APPLICATION.

If you comply with these Terms, you will have the following rights and obligations as specified below.

  1. GENERAL INFORMATION:
    • The Application provides its users certain features and functionalities as given in the application store. (Services). The Application can be downloaded by the users for free for a period, but in order to avail the Services the users need to pay appropriate fee as provided for in clause 3. By using our Services, information and by downloading the Application, you are agreeing to these Terms and Conditions.
    • You may install and use one copy of the Application on one CRM Organization that is affiliated with the associated CRM App Store account.

2. ACCEPTANCE OF TERMS:

    • Your use of the Application and our Services is subject to these Terms and Conditions. You may use our Services only as permitted by law. Services may be suspended or stopped permanently if you do not comply with applicable law and these Terms and Conditions or if we, or any authorized authority are investigating any alleged misconduct or breach of law.
    • Internet-Based Services
      • Consent for internet-based or wireless services. The Application connects to computer systems over the internet, which may include via a wireless network. Using the Application operates as your consent to the transmission of standard device information (including but not limited to technical information about your system, Application software version and license information) for internet-based or wireless services.
      • Misuse of internet-based services. You may not use any internet-based service in any way that could harm or impair anyone else’s use of it or the wireless network. You may not use the Services to try to gain unauthorized access to any service, data, account or network by any means.
    • Registration on the Application is open to only those who can form legally binding contracts under applicable law. By registering on the Application or using the Services, you represent that you have reached the legal age permitted under applicable law to use or to view the Application and avail the Services and that you have read, understood and are bound by these Terms and Conditions, together with any related policies and guidelines (e.g., our Privacy Policy) that are incorporated by reference in these Terms and Conditions.
    • BY USING OR ACCESSING THE APPLICATION OR SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
    • We reserve the right to change, amend or modify the Terms and Conditions at any time. Any such change, amendment or modification to our Terms and Conditions, shall be notified to you prior to implementation of such change.
    •  If any changes or updates to the Terms and Conditions are not acceptable, you should immediately cease to use the Application and Services you have previously signed up for. Your continued use of the Application and the Services after a change or update has been made to the Terms and Conditions will constitute your acceptance of any change or update to the Terms and Conditions.
    • When you upload any information on the Application you agree to provide current, complete, true and accurate information. You agree not to provide any false or misleading information. You agree to update any changes in the information provided by you on the Application. If SMARTSTATZ suspects that any information uploaded by you is untrue, inaccurate, not current or incomplete; SMARTSTATZ may refuse to you access to the Services and pursue any appropriate legal remedies.
    •  In order to use the Application or avail the Services you may be required to upload certain information as required by SMARTSTATZ. Our use of all Information is subject to the terms of our Privacy Policy as provided here http://www.smartstatz.com/privacy-policy-disclaimer#privacypolicy. The terms of the Privacy Policy are incorporated into this Terms and Conditions by reference.

3. SUBSCRIPTION, PURCHASES AND PAYMENTS:

    • When availing the Service on the Application you may be required to enter your valid email address, name and telephone number and any other information required on the [CRM App store account / Application] (Information).
    • For availing the Services post the evaluation period, you are required to pay the amount as agreed between you and the SMARTSTATZ. You may be asked to provide certain Information relevant to your Purchase including, without limitation, your credit / debit card number, the expiration date of your credit / debit card and your billing address.
    • You represent and warrant that any Information you provided to us is true, correct and complete. By submitting such Information, you grant us the right to provide such Information to third parties for purposes of facilitating the completion of the Purchase.
    • We reserve the right to refuse or cancel your Purchase order at any time for certain reasons including but not limited to: errors in the description or price of the Services, error in your order or other reason.
    • We reserve the right to refuse or cancel your Purchase order if fraud or an unauthorized or illegal transaction is suspected.
    • [CRM App store through which Purchase is made / SMARTSTATZ], will generate an invoice for successful orders. The invoice shall contain respective tax calculation and such other relevant Information as may be required.
    • Each party shall be responsible for and shall pay all applicable taxes, applicable to the transactions hereunder that are transacted by such party.
    • Available modes of payment shall be as shown on the Application from time to time.

4. AVAILABILITY, ERRORS AND INACCURACIES:

    • We are constantly updating our offerings of Services on the Application. The Services available on our Application may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Application, and in our advertising on other web site.
    • SMARTSTATZ makes no warranty express or implied on the accuracy or completeness of any Information, including prices, specifications, availability, and Services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice to the users.

5. INTELLECTUAL PROPERTY RIGHTS:

    • SMARTSTATZ is the sole owner and proprietor of all the rights to the Application and its content, which are developed and uploaded by SMARTSTATZ. All material used by SMARTSTATZ, including but not limited to source code, brand, label, design, layout, images, user-interface, domain-names and text are the property of SMARTSTATZ (SMARTSTATZ Intellectual Property) and indicative of SMARTSTATZ and its Services. SMARTSTATZ’s ownership and title over such SMARTSTATZ Intellectual Property is protected by applicable laws including but not limited to copyright, trademark, internet domain names, data protection, information technology laws, privacy rights and other similar rights and statutes. All ownership and SMARTSTATZ Intellectual Property rights in the Application and its contents shall remain with SMARTSTATZ, and does not pass on to you.
    • The Application is licensed, not sold. Terms and Conditions only give you some rights to use the Application for your own personal use. Unless applicable law gives you more rights despite this limitation, you may use the Application only as expressly permitted in these Terms and Conditions. You may not:
      • Share, distribute, reproduce, duplicate, copy or otherwise exploit material or content from the Application for any purpose whatsoever;
      • Edit or otherwise modify any content or work around any technical limitations in the Application;
      • Remove any copyright and other notices contained in any content displayed, downloaded, or copied from the Application;
      • Reverse engineer, decompile or disassemble any portion of the Application or Services or any applications or software used therein or in relation thereto, except and only to the extent that applicable law expressly permits, despite this limitation;
      • Make more copies of the Application than specified in these Terms and Conditions or allowed by applicable law, despite this limitation;
      • You shall not store electronically any significant portion of any content on any of your electronic devices.
    • You agree to inform us of any un-authorized use of our SMARTSTATZ Intellectual Property by any third-party and cooperate with us for restricting and prohibiting such un-authorized use of our SMARTSTATZ Intellectual Property.
    • If documentation is provided with the Application, you may copy and use the documentation for personal reference purposes.

6. PROHIBITED ACTIVITIES:

    • As a critical and material condition of your use of our Application and the Services, you agree and undertake that you will not at any time, directly or indirectly, do or permit to be done all or any of the following.
      • Probe, scan or test the vulnerability of the Application or our Services;
      • Restrict or inhibit any other user from using and enjoying our Application or the Services;
      • Engage in or encourage fraudulent conduct or conduct that would constitute any other criminal offense or give rise to civil liability;
      • Distribute in any manner or upload any harmful, obscene or otherwise illegal or objectionable material of any kind;
      • Post, send, submit, publish, or transmit proprietary material of any third party without their consent;
      • Impersonate or misrepresent your affiliation with any person or entity;
      • Send altered, deceptive or false source identifying information, including “spoofing” or “phishing”;
      • Violate any law or undertake any activity on the Application that could upon the occurrence of a third-party action or omission violate any law;
      • Post, send, submit, publish or transmit programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;
      • Violate or attempt to violate, the security of the Application;
      • Use the Application or our Services to infringe the intellectual property rights of others in any way;
      • Use the Application or our Services or make any attempt to penetrate, modify or manipulate the Application or our Services or any of our hardware or software in order to:
      • Invade the privacy of, obtain the identity of, or obtain any personal information or documents concerning (including but not limited to IP addresses of) any of our Account holders or users, or modify, erase or damage any information contained on the computer of any user connected to the Services.
      • Co-brand the Application;
      • Frame the Application;
      • Hyperlink this Application, without express prior written permission of an authorized representative of SMARTSTATZ; or
      • Assist or permit any persons in engaging in any of the activities described above.
    • For purposes of these Terms and Conditions, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impressions that such other party has the right to display, publish, or distribute this site or content accessible within the Application.
      • The Application may be subject to India or international technology control or export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the technology used or supported by the Application. These laws include restrictions on destinations, end users and end use.
      • You agree to cooperate with us in causing any unauthorized use, co-branding, framing or hyper-linking to immediately cease.
      • If you violate any Terms and Conditions, we may issue a warning about the violation, or we may choose, at our sole discretion, to immediately terminate or suspend any and all of your Accounts without assigning any reasons.
      • You acknowledge that we are not required to provide you notice before terminating or suspending our Services but may choose to do so. We reserve the right to deny, in our sole discretion, any user access to the Application or Services without notice and for any reason (including, without limitation, for violation of these Terms and Conditions).
      • SMARTSTATZ reserves the rights to monitor use of the Application to determine compliance with these Terms and Conditions, as well the right to remove or refuse any Information for any reason or suspend your access to the Application for any reason. Notwithstanding those rights, you remain solely responsible for the authenticity of the Information uploaded by you on the Application or for access to our Services.
      • WE RESERVE THE RIGHTS TO INVESTIGATE AND TO COOPERATE WITH LAW ENFORCEMENT AUTHORITIES, AND TO PURSUE ANY INVESTIGATION PERTAINING TO CIVIL LAWSUIT(S) OR CRIMINAL PROSECUTION FOR ANY ALLEGED OR ACTUAL ILLEGAL ACTIVITIES INVOLVING THE APPLICATION OR ANY OF THE SERVICES.

7. SUPPORT SERVICES:

    • SMARTSTATZ and your Dynamics CRM Platform Provider are not responsible for providing support services for the Application. SMARTSTATZ may provide support services, on this Application, but is not obligated to do so under these Terms and Conditions. Contact SMARTSTATZ to determine what support services are available.

8. TERMINATION:

    • Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with such breach, including suspending your license to use the Application, suspending your access to Application, prohibiting you from accessing the Application, contacting your internet service provider to request that they block your access to the Application and/or bringing court proceedings against you. Any suspension of Services available to you or refusal of access to the Application for breach of these Terms will be at no cost to us. All payment made previously towards Purchase will stand forfeited in the favour of us. No refunds of the payment of subscription will be provided.
    • Notwithstanding any of these Terms and Conditions, SMARTSTATZ reserves the right, without notice in its sole discretion, to terminate your Account and/or block your use of the Application.
    • If you wish to terminate your Account, you may simply discontinue using the Services and deactivate your Account on the Application.

9. FORCE MAJEURE:

You will not hold SMARTSTATZ responsible or liable for any delay or non-performance of any obligations under these Terms that may occur due to any cause (s) beyond our reasonable control including but not limited to, Act of God, Government Act, War, Fire, Flood, Explosion, or civil commotion.

10. ENTIRE TERMS AND CONDITIONS:

    • These Terms and Conditions, any applicable Privacy Policy, and the terms for supplements and updates are the entire Terms and Conditions between you and SMARTSTATZ. If SMARTSTATZ, or its subsidiaries are the Application publishers, these Terms and Conditions do not change the terms of your relationship with SMARTSTATZ with regard to the Application.

11. APPLICABLE LAW:

(a) India. If you acquired the Application in the India, Maharashtra state law governs the interpretation of these Terms and Conditions and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. (b) Outside India: If you acquired the Application in any other country, the laws of that country apply.

12. LEGAL EFFECT:

These Terms and Conditions describe certain legal rights. You may have other rights under the laws of your state or country. These Terms and Conditions do not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.

13. DISCLAIMER OF WARRANTY:

    • TO THE FULLEST EXTENT PERMITTED BY LAW, (A) THE APPLICATION IS LICENSED “AS-IS”, WITHOUT WARRANTY OR CONDITION OF ANY KND, EITHER EXPRESSED OR IMPLIED AND YOU BEAR ALL RISK OF USING IT; (B) SMARTSTATZ AND EACH OF OUR RESPECTIVE AFFILIATES, VENDORS, AGENTS AND SUPPLIERS, GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS IN RELATION TO THE APPLICATION; (C) YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS AND CONDITIONS CANNOT CHANGE. SMARTSTATZ EXCLUDES ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    • SMARTSTATZ MAKES NO WARRANTY THAT THE APPLICATION, THE CONTENT OF APPLICATION, OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SMARTSTATZ MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES, ACCURACY, TIMELINESS, TRUTHFULNESS OR COMPLETENESS OF ANY INFORMATION OR CONTENT AVAILABLE ON SMARTSTATZ.
    • YOU HEREBY RELEASE AND DISCHARGE SMARTSTATZ FROM ANY AND ALL CLAIMS, LIABILITIES, CAUSES OF ACTION, DAMAGES, LOSSES, DEMANDS OR OBLIGATIONS OF EVERY KIND AND NATURE, IN RELATION TO ANY SERVICES PROVIDED BY SMARTSTATZ TO YOU.

14. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES:

    • THE APPLICATION, THE CONTENT, AND SERVICES ARE PROVIDED AS IS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SMARTSTATZ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS AND CONDITIONS OR THE USE OF ANY OR ALL OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO USE OF SERVICES, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SMARTSTATZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT PREJUDICE TO THE FOREGOING, THE AGGREGATE LIABILITY OF SMARTSTATZ FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO SMARTSTATZ, THE SERVICES OR THESE TERMS AND CONDITIONS SHALL BE LIMITED TO TWENTY-FIVE PERCENT OF THE VALUE OF THE NET PAYMENT ACTUALLY RECEIVED BY SMARTSTATZ IN RELATION TO THE PURCHASE, WHICH NET PAYMENT SHALL BE COMPUTED AFTER DEDUCTING ANY TAXES PAID OR PAYABLE ON THE TRANSACTION.
    • THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE APPLICATION OR ANY OTHER PART OF THE SERVICES, OR ANY OTHER MATTER ARISING FROM OR RELATING TO SMARTSTATZ.

15. ASSIGNMENT:

These Terms and the Services provided herein are personal to you. You are prohibited from assigning, transferring or conveying any part or the whole of these Terms between you and us to any third party or entity, without prior permission and written consent from us.

16. INDEMNITY:

You agree to indemnify and hold SMARTSTATZ harmless, and to defend SMARTSTATZ from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to:  (i) your use of (or inability to use) the Application or Services; (ii) your violation of these Terms and Conditions governing your use of the Application or Services; (iii) the infringement by you, or any other person using your Account, of any right of any person or entity; or (iv) any other activities of yours accomplished using the Services.

17. SEVERABILITY:

If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

18. EXCLUSION OF THIRD PARTY RIGHTS:

These Terms and Conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms and Conditions is not subject to the consent of any third party.

19. GRIEVANCE OFFICER:

We are committed to promptly address any grievances that you might have in connection with these Terms and Conditions, the Application or our Services or our use of any Information. Accordingly, you may communicate any grievances that you might have by e-mailing us at contact details provided here support@smartstatz.com